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Judgment
Arindam Sinha, J
The Court : Mr. Chakraborty, learned advocate appears on behalf of respondents and hands up two demand drafts, both dated 27th September, 2019 for aggregate pay out of Rs.10 lakhs, drawn in favour of petitioner. He submits, this is as per his client's calculation of what is outstanding on default. He submits further, current instalments will be paid. He wants disposal of these petitions since they were moved on 10th July, 2019 and, commencement of arbitration notices have not yet been issued. Mr. Chowdhury, learned advocate appears on behalf of petitioner and disputes only Rs.10 lakhs is due on default. He asserts his client's rights on termination of the agreement, which has happened. He submits, his client is aware that by 10th October, 2019 notices for commencement of the reference need to be issued.
No purpose will be served by keeping these petitions pending since section 9, Arbitration and Conciliation Act, 1996 contemplates there will be commencement of arbitral proceedings within period of 90 days from date of order of interim measure. Order sheet bears record of respondents having had paid. This can only be by reason of Court's consideration of interim measure on the petitions being moved and orders made. As such and where there does not appear to be resort to either agreed procedure or a requests by petitions asserting that the procedure has failed to secure the appointments, no purpose will be served in keeping these petitions pending.
The demand drafts are handed over to Mr. Chowdhury. Petitioner will be entitled to encash and appropriate the proceeds without prejudice to its rights. On commencement of arbitral proceedings petitioner can carry prayers for interim measure before the Tribunal.
In event respondents do not follow up on submissions made on their behalf regarding payment of current instalments, petitioner, on constitution of the Tribunal, will approach if for remedy.
The arbitration petitions are disposed of.